Workers Compensation System in WA

In Western Australia, your employer is required by law to hold workers compensation insurance. Workers compensation is a no-fault insurance scheme. This means even if the injury is your fault you will most likely be covered. The definition of ‘injury’ is wide and includes both physical and psychological injuries.

Acceptance of your claim enables you to seek weekly payments (wages) and medical expenses. Weekly payments are calculated as of the time of your injury and over the 13 weeks prior. Any time you were not at work is discounted from this. The amount received for Medical expenses is capped by legislation. This is the amount for each treatment session and the total spent on treatment. However, there is the ability to seek an extension if you run out of funds. You are likely covered by WA workers compensation insurance even if you are injured out of state. Although you are generally not covered when travelling to and from work as it depends on your circumstances.

What To Do If You Are Injured At Work

  • Get first aid as soon as possible
  • Report the accident to your employer
  • Get medical treatment from your GP as soon as possible and ask for a First Medical Certificate. You should follow your GP’s advice on returning to work and treatment
  • Get hold of a workers compensation claim form and fill it out. Attach the first medical certificate to it and give it to your employer

Haven’t received a letter from the insurer about your injury in 3 weeks? Give us a call on 08 6143 5200.

Recent Workplace Case/Issues

In February 2023 there appear to have been at least 2 deaths in the workplace here in WA and our deepest sympathies go out to their families.

Worksafe WA will surely be investigating these tragedies but that’s not going to be much comfort to the partners, parents and/or children whose loved ones went to work one morning and just never returned.

We believe there may be some employers who don’t adhere rigidly to safety procedures and policies. Maybe it’s time for all employers to enforce safety issues rigidly and not just rely on the fact. When they enter ass-covering mode, a worker was put through induction or signs a bit of paper saying they read a safety policy or procedure.

Anvil Legal